Rakesh Kumar, J. - (1.) In both the appeals, appellants are wife & husband respectively and both were tried together and convicted & sentenced in Sessions Trial No. 1068 of 2009, Tr. No. 110 of 2011 (arising out of Rajaun P.S. Case No. 85 of 2009) and as such, both appeals were taken up for hearing together and are being disposed of by this common judgment.
(2.) Both the appellants by judgment dated 30-05-2011 were convicted for commission of offence under Sections 302/34 of the Indian Penal Code, 1860 (for short 'I.P.C.') and by order dated 02-06-2011, both of them were sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/- (ten thousand) each under Section 302/34 of the I.P.C. by Sri Abhimanyu Lal Srivastav, learned Additional Sessions Judge, F.T.C. 3rd, Banka (hereinafter referred to as the 'Trial Judge').
(3.) Short fact of the case is that on 18-06-2009 at 12.00 hrs., fardbeyan of Rukmini Devi (P.W.3), wife of deceased was recorded by Sub-Inspector of Police H.N. Singh (not examined) of Rajaun Police Station. The said fardbeyan was recorded in Amdha Bahiyar. The informant disclosed that on the same date i.e. 18-06-2009 in the morning after taking meal, she with her husband Sitaram Rajak (deceased) were moving for Banka for attending date in a case. While both of them at about 9:00 AM reached in Amdha Bahiyar near the field of Anandi Marar, Ramdeo Rajak (appellant in Cr.Appeal DB No. 745/11) s/o Ayodhi Rajak and Meera Devi (appellant in Cr.Appeal DB No. 595/11) w/o Ramdeo Rajak (appellant in Cr.Appeal DB No. 745/11) proceeded towards informant and her husband carrying khanti and rod in their hands and started to abuse her husband and Ramdeo Rajak gave blow from his khanti on Sitaram Rajak, which hit on the head of her husband and blood started oozing out. After receiving said injury, he fell down, then Ramdeo Rajak and Meera Devi started to crush her husband by giving blow of khanti and rod. The informant raised an alarm, thereafter villagers arrived there, however; by that time her husband had already died. Both the accused had fled away. The reason for the occurrence was explained that informant after partition was constructing a wall over land of her share, regarding which, on earlier date, altercation had taken place. The fardbeyan was read over to her and after finding it correct, the informant put her L.T.I. in presence of her son-in-law Bateshwar Rajak (P.W.2). On the fardbeyan, Bateshwar Rajak (P.W.2) also put his L.T.I.;